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3232Getting Injury Compensation After an Accidenthttps://www.sussmanandsimcox.com/blog/2016/05/getting-injury-compensation-after-an-accident/
https://www.sussmanandsimcox.com/blog/2016/05/getting-injury-compensation-after-an-accident/#respondWed, 04 May 2016 13:32:00 +0000https://www.sussmanandsimcox.com/?p=539Personal injury claims are a way to recover just compensation for losses that were the fault of another party. After a crash, it’s highly advisable to consult a personal injury lawyer who serves the Gaithersburg and Rockville areas. When you watch this video, you’ll learn that turning to a personal injury lawyer offers you distinct […]

Personal injury claims are a way to recover just compensation for losses that were the fault of another party. After a crash, it’s highly advisable to consult a personal injury lawyer who serves the Gaithersburg and Rockville areas. When you watch this video, you’ll learn that turning to a personal injury lawyer offers you distinct financial advantages.

An insurance company may not necessarily offer the average person fair compensation for his or her accident injuries. However, when you have an auto accident attorney contact the insurance carrier on your behalf, the representative will know that you’re serious about recovering compensation. If a just settlement is not forthcoming, your Gaithersburg lawyer may file a personal injury lawsuit on your behalf.

]]>https://www.sussmanandsimcox.com/blog/2016/05/getting-injury-compensation-after-an-accident/feed/0A Look at Common Factors in Personal Injury Cases After a Truck Accidenthttps://www.sussmanandsimcox.com/blog/2016/04/a-look-at-common-factors-in-personal-injury-cases-after-a-truck-accident/
https://www.sussmanandsimcox.com/blog/2016/04/a-look-at-common-factors-in-personal-injury-cases-after-a-truck-accident/#respondWed, 27 Apr 2016 11:05:00 +0000https://www.sussmanandsimcox.com/?p=507Commercial trucks are such a common sight on the nation’s roadways that it’s sometimes easy for drivers to disregard them as potential risks. It’s also commonly thought that because commercial truckers are trained, professional drivers that they may be less likely to cause an accident. But unfortunately, truck accidents have claimed countless lives and caused […]

Commercial trucks are such a common sight on the nation’s roadways that it’s sometimes easy for drivers to disregard them as potential risks. It’s also commonly thought that because commercial truckers are trained, professional drivers that they may be less likely to cause an accident. But unfortunately, truck accidents have claimed countless lives and caused catastrophic injuries. When a semi-truck accident occurs near Gaithersburg, the victims can contact a personal injury law firm for guidance. Personal injury claims can help victims recover compensation for their injuries, property damage, and other losses.

Considering Driver Negligence

When reviewing the police report, witness statements, and other evidence, the personal injury lawyer may determine that the truck driver was at least partially at fault for the accident. Truck drivers may be held liable for negligence if they drove while under the influence of alcohol or drugs, for example. Although federal law requires truck drivers to restrict their work hours and take regular breaks from driving, they’re still at a high risk of driving while fatigued. Truck drivers who are under pressure to rack up the miles for increased pay may use excessive speed or otherwise drive in a reckless manner. Personal injury claims frequently name the truck driver as defendant for all of these reasons.

Identifying Other Defendants

Truck accidents are different from auto accidents in many ways. For instance, personal injury claims that result from truck accidents often have multiple defendants. Perhaps in addition to the truck driver, the personal injury claim may name the trucking company or leasing company as defendants. The trucker’s employer may be found negligent for failing to train drivers properly, enforce hour limits, and inspect and maintain the truck. Sometimes, equipment failure is a factor in truck accidents. The manufacturer of parts for the truck may be sued for making defectively designed or manufactured parts. There are even cases where the goods loaded into the back of a tractor-trailer were loaded improperly, causing a “load shift” with a sudden loss of control by the driver.

Understanding Wrongful Death Claims

Due to the typically catastrophic nature of truck accidents, they can all too easily result in the loss of life. The surviving family members of the victims may decide to talk to a personal injury lawyer about filing a wrongful death claim. In these cases, the plaintiffs may seek compensation for the medical expenses and funeral costs of the decedent, along with the loss of support.

]]>https://www.sussmanandsimcox.com/blog/2016/04/a-look-at-common-factors-in-personal-injury-cases-after-a-truck-accident/feed/0What Are the Benefits of Witness Statements?https://www.sussmanandsimcox.com/blog/2016/04/what-are-the-benefits-of-witness-statements/
https://www.sussmanandsimcox.com/blog/2016/04/what-are-the-benefits-of-witness-statements/#respondWed, 20 Apr 2016 10:50:00 +0000https://www.sussmanandsimcox.com/?p=513After an accident, it’s quite possible that the other party will attempt to deny fault for the crash or shift the blame to you. This may give you some problems when you try to recover compensation with a personal injury claim filed near Rockville. Personal injury lawyers strongly recommend taking a few minutes to gather […]

After an accident, it’s quite possible that the other party will attempt to deny fault for the crash or shift the blame to you. This may give you some problems when you try to recover compensation with a personal injury claim filed near Rockville. Personal injury lawyers strongly recommend taking a few minutes to gather critical information after a crash, including the names and contact information of any witnesses. Then, your personal injury lawyer can interview these witnesses and obtain their statements.

Witness statements can be used to support the allegations in a personal injury lawsuit. For example, if the other party rear-ended your car, he or she may try to claim that you stopped abruptly, or even backed up and hit them. A witness may be called to testify that you did indeed hit the brakes in response to a traffic hazard, but that the other party was tailgating you and wouldn’t have struck your car if he or she maintained a safe distance.

]]>https://www.sussmanandsimcox.com/blog/2016/04/what-are-the-benefits-of-witness-statements/feed/0Pursuing Damages After You’re Injured by a Teen Driverhttps://www.sussmanandsimcox.com/blog/2016/04/pursuing-damages-after-youre-injured-by-a-teen-driver/
https://www.sussmanandsimcox.com/blog/2016/04/pursuing-damages-after-youre-injured-by-a-teen-driver/#respondWed, 13 Apr 2016 10:40:00 +0000https://www.sussmanandsimcox.com/?p=511Even the most careful of teen drivers is at a higher risk of getting involved in an accident than other populations, simply because teens lack substantial experience behind the wheel. They may also be more likely to drive while using a cellphone or other electronic device, drive recklessly, drive while under the influence of alcohol […]

Even the most careful of teen drivers is at a higher risk of getting involved in an accident than other populations, simply because teens lack substantial experience behind the wheel. They may also be more likely to drive while using a cellphone or other electronic device, drive recklessly, drive while under the influence of alcohol or drugs, or drive while distracted by other teenage passengers. If a teen driver struck your car and you incurred financial losses, you can speak with a personal injury lawyer about your legal rights and options. Auto accident attorneys can file personal injury claims on behalf of Gaithersburg-area residents who have been injured by drivers of any age.

Filing a Claim Against the Minor

In criminal cases, young offenders may be tried as juveniles, in which case they may receive more lenient sentences than adult offenders. However, under personal injury law, teen drivers who behave negligently or recklessly are not afforded special protections simply because of their age. Your personal injury lawyer may file an insurance claim or a personal injury lawsuit directly against the teen driver. The lawyer may use evidence of the teen’s negligence, such as texting while driving, to help establish liability and recover compensation for your injuries and other losses.

Filing a Claim Against the Minor’s Parents

It’s less common for a personal injury lawyer to file a claim against the teen driver’s parents. This approach used to be standard practice under a doctrine known as vicarious liability. Now, however, it’s often necessary to demonstrate that the parents knew the child was likely to get involved in an accident, yet failed to stop the child from using the car. For example, the parents may have known that the child had a driving history that included speeding, running red lights, prior accidents, or driving while distracted. The child may also have a history of drug or alcohol abuse.

Filing a Claim Under the Family Purpose Doctrine

In some states, the family purpose doctrine may apply. This doctrine states that the owner of a car may be held liable when that car was being driven negligently by another family member. This doctrine only applies in cases in which the teen driver used the car with consent for any family-related purpose.

]]>https://www.sussmanandsimcox.com/blog/2016/04/pursuing-damages-after-youre-injured-by-a-teen-driver/feed/0Defining Negligence Per Sehttps://www.sussmanandsimcox.com/blog/2016/04/defining-negligence-per-se/
https://www.sussmanandsimcox.com/blog/2016/04/defining-negligence-per-se/#respondWed, 06 Apr 2016 09:35:00 +0000https://www.sussmanandsimcox.com/?p=509In medical malpractice claims, auto accident injury claims, slip and fall accident claims, and any other type of personal injury claim in Rockville , your personal injury lawyer will have to prove that the plaintiff is guilty of negligence per se. Negligence per se is a legal term that means that if the plaintiff violated […]

In medical malpractice claims, auto accident injury claims, slip and fall accident claims, and any other type of personal injury claim in Rockville , your personal injury lawyer will have to prove that the plaintiff is guilty of negligence per se. Negligence per se is a legal term that means that if the plaintiff violated a law or regulation, and that violation resulted in injury or death, then the plaintiff was negligent.

Watch this video for a legal definition of negligence per se. If your personal injury lawyer can prove negligence per se, then you will be entitled to an award or settlement for damages sustained due to the accident or injury.

]]>https://www.sussmanandsimcox.com/blog/2016/04/defining-negligence-per-se/feed/0Identifying Your Damages After a Car Accidenthttps://www.sussmanandsimcox.com/blog/2016/03/identifying-your-damages-after-a-car-accident/
https://www.sussmanandsimcox.com/blog/2016/03/identifying-your-damages-after-a-car-accident/#respondWed, 30 Mar 2016 09:30:00 +0000https://www.sussmanandsimcox.com/?p=531If you’ve recently been the victim of an auto accident, you should consult with an experienced auto accident lawyer serving Gaithersburg . You may be entitled to file a personal injury claim and seek an auto accident settlement for financial, physical, and emotional damages sustained. Here is a guide to identifying your total damages after […]

If you’ve recently been the victim of an auto accident, you should consult with an experienced auto accident lawyer serving Gaithersburg . You may be entitled to file a personal injury claim and seek an auto accident settlement for financial, physical, and emotional damages sustained. Here is a guide to identifying your total damages after a car accident.

Emotional Damages

Your auto accident lawyer should seek damages for mental or physical distress when he files your personal injury claim. These damages may compensate for the emotional anguish at the time of the accident, as well as resulting mental pain and suffering after the accident. Examples of such pain and suffering may include depression, anxiety, phobias, insomnia, and stress. Emotional damages are calculated based upon the severity of the symptoms, the type of physical injuries suffered, the circumstances surrounding the car accident, and the likelihood of future mental pain and suffering.

Physical Damages

Physical damages refer to any injuries you suffered as a result of the car accident. The damages that you may be awarded in your auto accident settlement will depend upon the severity of the injuries, the location of the injuries, your prognosis for recovery, and the affect that the injuries have on your professional and social relationships. For instance, if you have suffered from extreme, permanent facial scarring, you might be awarded more in physical damages than if you simply suffered from a broken bone. Physical damages include compensation for all medical expenses, including in-home care services.

Financial Damages

Financial damages are damages that you suffered due to lost wages, or vehicle repairs that weren’t covered by your auto insurance. If your auto accident injuries were severe enough that you missed work, even for a brief period of time, you might be entitled to recoup your lost wages. If your injuries prevent you from working at all in the future, or prevent you from working in the field in which you’re specifically qualified, you may get a higher auto accident settlement.

]]>https://www.sussmanandsimcox.com/blog/2016/03/identifying-your-damages-after-a-car-accident/feed/0What Are Loss of Affection Damages?https://www.sussmanandsimcox.com/blog/2016/03/what-are-loss-of-affection-damages/
https://www.sussmanandsimcox.com/blog/2016/03/what-are-loss-of-affection-damages/#respondWed, 23 Mar 2016 09:25:00 +0000https://www.sussmanandsimcox.com/?p=533If you or a loved one has hired a personal injury lawyer in Gaithersburg to file a personal injury claim or accident injury claim, you might be entitled to seek loss of affection damages. Loss of affection damages can be included in your personal injury settlement if you or your spouse was injured to the […]

If you or a loved one has hired a personal injury lawyer in Gaithersburg to file a personal injury claim or accident injury claim, you might be entitled to seek loss of affection damages. Loss of affection damages can be included in your personal injury settlement if you or your spouse was injured to the point that he or she can no longer show affection or participate in sexual activity.

Loss of affection damages are always sought by the uninjured partner in a personal injury claim or accident injury claim. Your wrongful death lawyer is also able to pursue loss of affection damages if your spouse or partner was killed due to negligence, intentional infliction of injury, or medical malpractice. This type of personal injury claim is known as a loss of companionship claim or a loss of society claim.

In order to determine whether a surviving family member should be awarded these damages in a wrongful injury case, the jury will consider whether the deceased had a harmonious relationship with the plaintiff, what their living arrangements were, and the overall effect that the death had on surviving family members.

]]>https://www.sussmanandsimcox.com/blog/2016/03/what-are-loss-of-affection-damages/feed/0What Is the Role of Federal Law in Truck Accident Cases?https://www.sussmanandsimcox.com/blog/2016/03/what-is-the-role-of-federal-law-in-truck-accident-cases/
https://www.sussmanandsimcox.com/blog/2016/03/what-is-the-role-of-federal-law-in-truck-accident-cases/#respondWed, 16 Mar 2016 09:25:00 +0000https://www.sussmanandsimcox.com/?p=537If you have been injured in a commercial truck or semi-truck accident near Gaithersburg , you should contact a truck accident lawyer as soon as possible. A truck accident lawyer can help you navigate the complexities of truck accident law, which includes state and federal Departments of Transportation regulations and Federal Motor Carrier Safety Administration […]

If you have been injured in a commercial truck or semi-truck accident near Gaithersburg , you should contact a truck accident lawyer as soon as possible. A truck accident lawyer can help you navigate the complexities of truck accident law, which includes state and federal Departments of Transportation regulations and Federal Motor Carrier Safety Administration regulations. Here is a brief explanation of the role of federal law in truck accident cases.

Which Federal Agencies Regulate Truck Accident Laws?

Most elements of the trucking industry are regulated by both state and federal agencies. These agencies establish trucking laws and truck accident laws that may affect you if you are in a commercial truck accident or semi-truck accident. The federal agencies that regulate trucking and trucking laws are the U.S. Department of Transportation and the Federal Motor Carrier Safety Administration. Title 49 of the Code of Federal Regulations is the primary source of most federal trucking regulations.

What Areas of Trucking do Federal Laws Regulate?

Whether a truck driver operates in your state or elsewhere, he must follow federal laws and regulations for the industry. He must hold a valid commercial driver’s license at the time that he is operating a commercial truck or semi-truck. He is only permitted to drive for a certain amount of time in one stretch without stopping and taking a break. The amount of weight that the truck is legally allowed to haul is regulated based upon the size of the truck. The truck must be regularly inspected, maintained, and repaired according to federal safety and quality standards. There are also federal safety regulations associated with hauling hazardous materials.

How is Liability Proven in a Truck Accident Case?

Your truck accident attorney should be able to tell you if he thinks that he will be able to legally prove that the truck driver was responsible for your truck accident. This can be proven if the driver was negligent or was driving negligently, or if he or his trucking company violated any federal trucking or local traffic laws.

]]>https://www.sussmanandsimcox.com/blog/2016/03/what-is-the-role-of-federal-law-in-truck-accident-cases/feed/0What Does the Law in Gaithersburg Say About Truck Accidents?https://www.sussmanandsimcox.com/blog/2016/03/what-does-the-law-in-gaithersburg-say-about-truck-accidents/
https://www.sussmanandsimcox.com/blog/2016/03/what-does-the-law-in-gaithersburg-say-about-truck-accidents/#respondWed, 02 Mar 2016 14:25:00 +0000https://www.sussmanandsimcox.com/?p=535Truck accidents are often among the most deadly. If you’ve survived a truck accident, there’s a good chance you have serious injuries and significant property damage. Because truck accident cases tend to be much more complicated than car crashes, it’s essential to get in touch with a truck accident attorney in Gaithersburg. A truck accident […]

Truck accidents are often among the most deadly. If you’ve survived a truck accident, there’s a good chance you have serious injuries and significant property damage. Because truck accident cases tend to be much more complicated than car crashes, it’s essential to get in touch with a truck accident attorney in Gaithersburg. A truck accident lawyer can help you explore your options for recovering compensation for your medical expenses, pharmaceutical costs, lost wages, property damage, loss of earning capacity, and other damages.

Identifying Time Limits to Filing a Claim

Personal injury lawsuits, including truck accident lawsuits, are subject to statutes of limitations. These are time limits that typically begin on the date of the accident. In Maryland, personal injury claims are typically subject to a three-year statute of limitations. The same time period applies to wrongful death claims. This means that if you wait until after three years following the crash, you may forfeit your right to file a lawsuit. Unfortunately, the three-year time period can be deceptive. You might think that you’ve got plenty of time to think about filing a lawsuit; however, you’ll actually need to consult a personal injury lawyer as soon as possible after the crash. This is because trucking companies tend to dispose of records relating to accidents as soon as they are legally able to. Truck companies can dispose of certain records in as a few as 90 days after a crash. This means that if you wait to talk to an accident injury lawyer, thinking it might be a matter to handle on your own, there may be little evidence left to substantiate your claim.

Understanding Contributory Negligence

Most states apply the principles of comparative negligence for accident cases . Comparative negligence allows juries to adjust awards based on the percentage of fault attributed to the plaintiffs and defendants. Unfortunately, Maryland is not one of these states. Maryland personal injury law still uses contributory negligence, which means that if a plaintiff is found to be even slightly at fault for the crash, he or she is prohibited from recovering any compensation from a judge or jury. In other words, if a truck driver was intoxicated and was 99 percent at fault, you might still be barred from recovering compensation if you were found to be one percent at fault for the crash. It is very common for insurance carriers and defense attorneys to aggressively look for ways to portray an accident victim as partially negligent in their own right, in order to avoid any payment of a claim. A skilled personal injury lawyer can counsel you on the perils of the contributory negligence doctrine, and work to show that truck driver was entirely at fault for your losses.

]]>https://www.sussmanandsimcox.com/blog/2016/03/what-does-the-law-in-gaithersburg-say-about-truck-accidents/feed/0Getting Compensation for Soft Tissue Injurieshttps://www.sussmanandsimcox.com/blog/2016/02/getting-compensation-for-soft-tissue-injuries/
https://www.sussmanandsimcox.com/blog/2016/02/getting-compensation-for-soft-tissue-injuries/#respondWed, 24 Feb 2016 14:25:00 +0000https://www.sussmanandsimcox.com/?p=515It can be particularly challenging for a personal injury lawyer to litigate cases involving soft tissue injuries, given that these injuries are often not visible. There are two essential steps you should consider following an accident that inflicts soft tissue injuries. First, you should immediately go to the emergency room or urgent care center for […]

It can be particularly challenging for a personal injury lawyer to litigate cases involving soft tissue injuries, given that these injuries are often not visible. There are two essential steps you should consider following an accident that inflicts soft tissue injuries. First, you should immediately go to the emergency room or urgent care center for a thorough evaluation. Inform the physician that you were just in an accident and make sure that this information is reflected in your medical record. Do not hesitate to ask the medical staff if imaging studies may help diagnose and document your injuries, such as MRI or CT scans. After receiving medical care, promptly schedule a consultation with injury attorneys to discuss presenting a personal injury claim near Rockville.

It’s imperative to consult a personal injury lawyer as soon as possible because there are deadlines for personal injury claims. Additionally, evidence may not be readily available after a certain point following the accident. This is particularly true of truck accidents, given that trucking companies may dispose of certain evidence after just 90 days. Arranging legal representation right away can improve your chances of securing compensation.